ADVICE FROM WHICH? Customer Contracts and Cancellation Rights

CONSUMER CONTRACTS AND CANCELLATION RIGHTS

It is vital for businesses to keep up to date with changing rules and regulations. In this article, we offer advice on how to ensure your customers receive the correct information when agreeing to a contract whilst in their own home.

The Consumer Contracts Regulations 2013 contains the latest rules for traders that agree the terms of a contract in the home of a customer. The regulations are wide reaching and have implications for tradespeople who provide home improvement and repair services to customers in their homes. Additionally, they impact those selling goods and services over the internet.

The main considerations are:

• The customer’s right to cancel period is 14 days • Additional information on contracts must be provided to customers • A new model cancellation form should be used

What sort of information must I provide?

There are a number of key pieces of information that must be provided when agreeing the terms of any deal over a value threshold of £42 in a customer’s home. Failure to give the following written information could be classed as a criminal offence:

• What you are supplying • Your trading identity, address, phone number and e-mail address • The details of who will be completing the work (If you are acting on behalf of another trader) • Total price of the goods and services (including VAT) • Information on deposits (if required) • Delivery costs • Details of a complaint handling policy or any code of conduct you subscribe to • How the customer can exercise their right to cancel and the time limits (cancellation form) • Details of any after sales service or guarantee • How to access a dispute resolution service

It is worth remembering that there are certain circumstances where the rules are different for 'right to cancel'. These include:

1) If you are carrying out urgent repairs or maintenance for a customer then the cancellation rights do not apply.

2) If the customer later accepts your quote by email or phone, etc. then there is no right to cancel. However, you must inform the customer that they do not have the right to cancel. Which? Trusted Traders is an endorsement scheme from Which?, the largest independent consumer organisation in the UK. Local traders are assessed and checked by Which? trading standards professionals before being endorsed. The service helps all consumers, not just our members, find local trustworthy traders. Consumers can go online to access the database of endorsed traders.

3) If a customer is entitled to the right to cancel but wants you to go ahead with the work straight away then they can waive their right to cancel. You must obtain confirmation of this in writing. www.trustedtraders.which.co.uk

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THE SEARCH FOR SCOTLAND’S TOP HOME IMPROVEMENT BUSINESSES IS UNDERWAY!

The Scottish Home Improvement Awards were created to reward the best of the country’s home improvement trade. Now in its third year, the awards engage thousands of companies, from all across Scotland.

BiKBBI has been an official partner of the Scottish Home Improvement Awards since its conception in 2015. Damian Walters, BiKBBI, CEO said “We are delighted to be supporting the Scottish Home Improvement Awards for the third consecutive year. Recognising quality and excellence in the home improvement industry is important and we’re pleased to be involved especially with it being north of the border."

Founder and CEO of the Scottish Home Improvement Awards, Warren Paul, thanked BiKBBI for their continued support. He said, "It is support from organisations such as BiKBBI that helps us engage more businesses and grow industry competition year on year. Coming from a family who all worked in the industry, I am personally delighted to see this event succeed and outstanding workmanship recognised. We have held two hugely successful events with a very high standard of competitors and, with BiKBBI support once again, this year will be our biggest yet." The Scottish Home Improvement Awards are completely free to enter. Competitors can choose categories spanning the breadth of the industry, including Best Kitchen Company, Best Bathroom Company and Best Bedroom Company.

The awards celebrate the best companies as chosen by their customers. Businesses encourage their customers to cast their votes and the top five companies in each category are shortlisted as finalists. Last year saw an eager Scottish public, enthusiastic to show their support for those carrying out exemplary work, cast over 20,000 votes.

Finalists in each category are judged by an independent panel and invited to join fellow professionals, sponsors and supporters at the Scottish Home Improvement Awards Gala Final on Friday 16th June in Glasgow.

Head to homeimprovementawards.co.uk to see a list of categories and take the first step to becoming an award winning business. Voting closes at midnight on Monday 8th May 2017.